NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6356A
SPONSOR: Lentol (MS) TITLE OF BILL: An act to amend the penal law, in relation to exempt-
ing qualified retired law enforcement officers from certain limitations
related to the possession of firearms
PURPOSE OR GENERAL IDEA OF THE BILL:
This bill would create an exemption to allow qualified retired New York
and federal law enforcement officers to possess large capacity ammuni-
tion feeding devices and assault weapons.
SUMMARY OF PROVISIONS:
Section 1 amends section 265.00 of the Penal Law by adding a new subdi-
vision 25 that defines a qualified retired New York or federal law
enforcement officer.
Section 2 amends section 265.20 of the Penal Law by adding a new subdi-
vision e which would allow a qualified retired New York or federal law
enforcement officer to possess large capacity ammunition feeding devices
issued to or purchased by such officer in the course of his or her offi-
cial duties, provided he or she has been qualified by their agency on
the use of the weapon utilizing such feeding device within 12 months of
retirement. Further, this section would require retired officers to
re-qualify every three years.
Section 3 amends section 400.00 of the Penal Law by adding a new para-
graph a-1 which would allow a qualified retired New York or federal law
enforcement officer to possess an assault weapon issued to or purchased
by such officer in the course of his or her official duties, provided
that he or she has been qualified by their agency on the use of that
weapon within 12 months of retirement. It would also require that such
weapon be registered within 60 days of retirement.
Section 4 is the effective date.
JUSTIFICATION:
Retired law enforcement officers have expressed some concerns about the
recently enacted limitations on the possession of large capacity ammuni-
tion feeding devices and assault weapons as applied to retired police
and peace officers. In response to those concerns, this bill would
provide a limited exemption for qualified retired law enforcement offi-
cers who have met rigorous requirements and training in order to qualify
for possession of such weapons and ammunition devices. Specifically, in
order to qualify for the exemption, an officer must have retired in good
standing after serving as an officer for at least 10 years at the time
of retirement. Furthermore, such retired officers must re-qualify in the
use of the weapon which accepts the large capacity ammunition feeding
device every three years according to the standards for active duty law
enforcement. Assault weapons will need to be registered pursuant to
existing law within 60 days of retirement.
LEGISLATIVE HISTORY:
New bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
